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Quote Of The Day

July 12, 2011 by 1 Comment

Those defending the new ATF multiple-rifle reporting requirement for the Southwest border states say it will give law enforcement another (needed) tool with which to fight straw purchases and gun smuggling to Mexico.

Mike Vanderboegh at Sipsey Street Irregulars who broke the story on Project Gunwalker with David Codrea has this to say about the need for new “tools”.

Ironic, ain’t it? It is as if the ATF is admitting that it was incompetent (deliberately or otherwise) in the Gunwalker Scandal and was having trouble keeping track of their cartel straw buyers so now they insist that the FFLs who previously tried voluntarily to help them, now must help them.

When the idea was first proposed, many ATF agents on CleanUpATF.org noted they were already drowning in paper and this would just make it even worse. If anything, it would cause information overload and induce decision paralysis.

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Of Course He Approves

July 12, 2011 by 2 Comments

Of course Elijah Cummings approves of the new requirement. Asshole.

Cummings Applauds New Reporting Measure to Combat Illegal Gun Trafficking

Washington, DC – Ranking Member Elijah E. Cummings issued the following statement in response to Department of Justice’s announcement of the new reporting measure for multiple sales of semi-automatic rifles in select states along the border.

“This is exactly what ATF agents on the ground told Congress — that reporting multiple sales of military-grade assault weapons is a crucial tool to identify and disrupt Mexican drug cartels engaged in gun trafficking. I strongly support ATF’s action, and I plan to introduce legislation with Rep. Maloney to establish a dedicated firearms trafficking statute to provide law enforcement with an additional tool to combat gun traffickers. Congress needs to step up to the plate and empower our law enforcement agents with the tools they need to keep guns out of the hands of dangerous criminals, protect communities on both sides of the border, and to ensure that they are not outgunned.”

Cummings issued an investigative report on June 29 that recommended ATF collect reports of multiple long gun sales based on testimony received from both U.S. and Mexican law enforcement officials.

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Grassley On New Reporting Requirement

July 12, 2011 by

Sen. Chuck Grassley (R-IA) was the first person in Congress to bring attention to Operation Fast and Furious and continues to push for answers to this day. Along with Darrell Issa and their respective staffs, he probably understands as much about Project Gunwalker as anyone. So when he comments on the new ATF requirement, it is with an in-depth understanding of the issue.

New Reporting Requirements for Federal Firearms Licensees on the Southwest Border

Senator Chuck Grassley, Ranking Member of the Senate Judiciary Committee, gave the following comment after it was announced by the Justice Department that Federal Firearms Licensees along the Southwest Border would be required to report multiple long gun sales. The Judiciary Committee has primary jurisdiction over policy related to the Justice Department. Grassley is also leading an investigation into the risky strategy employed by Bureau of Alcohol, Tobacco, Firearms and Explosives to allow guns to be sold to straw buyers and then watch the guns be transported to third parties without following the guns.

“We’ve learned from our investigation of Fast and Furious that reporting multiple long gun sales would do nothing to stop the flow of firearms to known straw purchasers because many Federal Firearms Dealers are already voluntarily reporting suspicious transactions. In fact, in just the documents we’ve obtained, we are aware of 150 multiple long guns sales associated with the ATF’s Fast and Furious case, and despite the fact that nearly all of these sales were reported in real time by cooperating gun dealers, the ATF watched the guns be transported from known straw purchasers to third parties and then let the guns walk away, often across the border. This makes it pretty clear that the problem isn’t lack of burdensome reporting requirements. The administration’s continued overreach with regulations continues, and is a distraction from its reckless policy to allow guns to walk into Mexico.”

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Rep. Lamar Smith On Multi-Rifle Reporting Requirement

July 12, 2011 by

Rep. Lamar Smith (R-TX), the Chairman of the House Judiciary Committee, is not pleased with the new Department of Justice/Bureau of Alcohol, Tobacco, Firearms and Explosives requirement that FFL’s in the Southwest must report multiple sales of certain semi-automatic rifles.

Smith: Administration’s Gun Restrictions Target Border State Citizens
Reporting Requirement Won’t Prevent Gun Trafficking,

Washington, Jul 11 –

House Judiciary Committee Chairman Lamar Smith (R-Texas) today criticized the Obama administration’s decision to impose new reporting requirements for gun sales in states along the U.S.-Mexico Border.

Chairman Smith: “Today’s announcement follows months of controversy over the ATF’s Fast and Furious program that allowed guns to be trafficked into Mexico without any way of preventing the guns from being used for illegal activity. One of the guns was used in the shooting death of U.S. Border Patrol Agent Brian Terry. It is the height of hypocrisy for the Obama administration to restrict the gun rights of border state citizens, when the administration itself knowingly and intentionally allowed guns to be trafficked into Mexico.

“Limiting the second amendment rights of law abiding citizens is not going to solve the problem of guns being trafficked into Mexico. An additional reporting requirement won’t stop drug cartels from getting weapons. This rule unfairly punishes citizens in Border States who have the right to purchase firearms to protect themselves and their families from dangerous drug traffickers and human smugglers.

“A recent GAO report found that only 44% of the Southwest border is under operational control of the Border Patrol. Forty-four percent is a failing grade. If the Obama administration is serious about preventing guns from being trafficked to Mexico, they simply need to secure the Southwest border, not restrict the rights of law-abiding citizens.”

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NRA Response To Multi-Rifle Reporting Requirement

July 11, 2011 by

The NRA-ILA issued this response to the DOJ’s new reporting requirement.

NRA Statement on Obama Administration Decision to Require Rifle Sales Reporting

$40 billion transnational criminal enterprises don’t fill out paperwork and are not deterred by paperwork violations. This is a blatant effort by the Obama administration and ATF to divert focus of Congress and the general public from their gross incompetence in the Fast and Furious scandal. This scheme will unjustly burden law-abiding retailers in border states. It will not affect drug cartels and and it won’t prevent violence along our borders. ATF and the Administration lacks the statutory authority to do this and the NRA will file suit as soon as ATF sends the first demand letters.

-Chris W. Cox, executive director, NRA-ILA

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DOJ Decrees Multi-Rifle Reporting In The Southwest

July 11, 2011 by 1 Comment

This was released this afternoon by Deputy Attorney General James Cole and orders the reporting of multiple sales of certain semi-automatic rifles sold in the Southwest. Cole, you may remember, had his nomination held up by Senator Charles Grassley until a deal was reached to allow ATF Acting Director Kenneth Melson to be interviewed by House Oversight Committee staff. Given that Melson came in on his own accord with his own attorney, in hindsight, Cole should have been left in limbo.

Statement of Deputy Attorney General James Cole Regarding Information Requests for Multiple Sales of Semi-Automatic Rifles with Detachable Magazines

WASHINGTON – Deputy Attorney General James Cole issued the following statement today regarding information requests for multiple sales of semi-automatic rifles with detachable magazines in select states along the Southwest Border:

“The international expansion and increased violence of transnational criminal networks pose a significant threat to the United States. Federal, state and foreign law enforcement agencies have determined that certain types of semi-automatic rifles – greater than .22 caliber and with the ability to accept a detachable magazine – are highly sought after by dangerous drug trafficking organizations and frequently recovered at violent crime scenes near the Southwest Border. This new reporting measure — tailored to focus only on multiple sales of these types of rifles to the same person within a five-day period — will improve the ability of the Bureau of Alcohol, Tobacco, Firearms and Explosives to detect and disrupt the illegal weapons trafficking networks responsible for diverting firearms from lawful commerce to criminals and criminal organizations. These targeted information requests will occur in Arizona, California, New Mexico, and Texas to help confront the problem of illegal gun trafficking into Mexico and along the Southwest Border.”

This qualifies as one of the “under the radar” moves on gun control by the Obama Administration that was promised to Sarah Brady.

If you will remember, towards the end of May, I had up a form letter generator thanks to the efforts of “P.T.”. This generated over 3,200 letters opposing this regulation. This generated 9,666 page views so I am hoping that there were more letters actually sent in opposition even if not through the letter generator.

It is now obvious to me that our letters were ignored and that the Obama Administration had no intention of listening. The comment requirement was just to check off an item that was required by law. If you go to the ATF’s website where they had previously published “submissions for public contents, all you will see is a blank page.

Clearly, this action by the Obama Administration is without legal grounding as Congress granted no such authority in the Gun Control Act of 1968. As one commentator to Instapundit.com said about Brit Hume’s comment that the Obama DOJ reminded him on the Nixon Justice Department:

Fast & Furious is a Nixonian Cover-up? AFAIK no one died because G. Gordon Liddy broke into Watergate. And at least AG Elliot Richardson and Asst AG William Ruckelshaus had the decency to resign when faced with firing Archibald Cox. This lot doesn’t bat an eye at firing an inconvenient Inspector General or honest public servant. I think we can comfortably state that the current administration is more ethically impaired then Richard Nixon’s.

It is time for Congress to get off their ass and pass Sen. Jon Tester’s S. 570 which would prohibit the Justice Department from tracking and cataloguing the multiple sales of shotguns and rifles. The bill has 28 co-sponsors in the Senate which is much more than the average bill. I fear, however, that it will stay bottled up in the Senate thanks to the efforts of Sen. Pat Leahy and Sen. Harry Reid.

I do foresee legal challenges being filed shortly against this directive. Whether it comes from the NRA or the Second Amendment Foundation or another group, one will come.

UPDATE: The Washington Post has more about the reporting requirement here.  Pravda on the Potomac’s favorite gun reporters, James Grimaldi and admitted plagiarist Sari Horwitz, included this little ditty as well:

The decision comes in the middle of a congressional investigation into a bungled ATF gun-smuggling investigation code-named “Fast and Furious.” Many current and former ATF agents said that if the new reporting rule had been in place, it might have prevented the types of mistakes made by the ATF in that investigation.

Of course, that is complete and utter bullshit. The dealers were already reporting these individuals and were told by ATF to go through with the sale. What makes anyone think that the sale still would not have been ordered to go through even with this rule under Operation Fast and Furious? Remember, they were “trying to bring down a drug cartel” and rules don’t matter when you are going for glory.

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Here Is One 9th Circuit Decision I Hope Isn’t Overturned

July 11, 2011 by

The 9th Circuit Court of Appeals has a well-deserved reputation as being the most overturned circuit in the nation. This is usually due to their “out-there” opinions. However, the Supreme Court accepted an appeal by the City of Los Angeles of a case where the 9th Circuit said the police search warrant for weapons was so broad as to be unconstitutional. This case, Millender v. County of Los Angeles, et al., involved a general search warrant that specified the seizure of “all handguns, rifles or shotguns of any caliber, or any firearms capable of firing ammunition…” even though the police knew they were looking for one specific firearm.

The NRA and CRPA had filed an amicus brief in this case in support of Millender. Below is the release from attorney Chuck Michel which give more on this case. As I said in the title, this is one case that I hope is not overturned on appeal.

The Fourth Amendment guarantees our right to not be subjected to search and seizure under a “general” search warrant (i.e., a warrant not based on probable cause and not particularly describing the place to be searched and the person or thing to be seized).

Firearms are generally lawful to possess, and usually may not be seized without probable cause that a specific firearm was used in a crime. On August 24, 2010, the Ninth Circuit Court of Appeals in Millender v. County of Los Angeles, et al. (07-55518), confirmed that a general search warrant requesting the seizure of “all handguns, rifles or shotguns of any caliber, or any firearms capable of firing ammunition…” was unconstitutional when the police who sought the warrant were aware they were actually searching for just one specific firearm.

The National Rifle Association (NRA) and the California Rifle and Pistol Association Foundation (CRPAF) argued this point in an amicus (friend of the court) brief filed in the Ninth Circuit Court of Appeals on behalf of the Mrs. Millender. A copy of the brief, along with the opinion, other case related briefs, and memorandum analyzing the opinion is posted at http://michellawyers.com/millendervlosangeles.

Following the Ninth Circuit’s Millender decision, defendant County of Los Angeles sought review by the United States Supreme Court. On June 27, 2011, the Supreme Court agreed to review the case, and to address the question of whether law enforcement is entitled to qualified immunity against a civil rights law suit when a judge has signed off on the warrant – even when the officers seized property (i.e. firearms) unrelated to the case (and the specific firearm) they are investigating. The case will be heard by the Supreme Court next year. NRA and CRPAF will weigh-in again through an amicus brief at that time.

Far too often police seize entire firearms collections even when most of those firearms are not alleged as part of any criminal offense. In fact, to get to large gun collections local police even resort to “stinging” gun collectors with enticing too-good-to-be-true firearm deals that often involve grey areas of the law, making inadvertent violations of the law common. Some police are politically motivated to inflate statistics of the number of guns seized in order to justify increased funding for their efforts. These seizures often result in damage to the firearms, and inevitably cost their owners expenses and legal fees to get the firearms back.

The Millender case involved a domestic assault between Mr. Bowen and Mrs. Kelly. Bowen threatened Kelly using a specifically identified sawed-off shotgun. Kelly called the police. Police ran Bowen’s record and discovered he was a felon. Police then tracked down an address purported to be Bowen’s residence, and drafted a search warrant that included a request to seize all firearms and ammunition. Police included these general requests despite having a picture of the specific sawed-off shotgun Bowen allegedly used in the assault.

At 5 a.m. the Los Angeles County Sheriff’s Department SWAT team served the warrant at the address of Bowen’s foster mother, Mrs. Millender (law enforcement knew that this was her residence, not Bowen’s). Police broke in through her front security door and a front window. Bowen was not there, but law enforcement nonetheless seized from Mrs. Millender a 12-gauge “Mossberg” shotgun with a wooden stock that looked nothing like the sawed-off shotgun they were after, along with a box of .45 caliber ammunition.

Bowen was found the following day hiding under a bed in a motel.

The District Court held that the police had qualified immunity from the damages sought in the civil rights case because of the supposed validity of the warrant.

The Ninth Circuit Court of Appeals reversed, holding that the warrant was over-broad, especially given law enforcement’s knowledge of the specific firearm Bowen used, and considering the total lack of any gang related evidence. Due to the extreme degree in which the warrant was unconstitutional, the Court of Appeals held that the officers were not entitled to qualified immunity and could be sued for damages for violating the Millenders’ civil rights.

H/T Tom Gresham

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UN Meeting On Small Arms Treaty

July 11, 2011 by

The Third Preparatory Committee Meeting for the Arms Trade Treaty (ATT) is meeting at the United Nations in New York this week. The Second Amendment Foundation is accredited to the UN as an NGO – Non-Governmental Organization – through its membership on the Executive Committee of the World Forum on the Future of Shooting Sports Activities and has people attending the meeting. I will have more on this meeting later.

The Second Amendment Foundation, represented by Alan Gottlieb and Julianne Versnel, is in attendance at the Third Preparatory Committee Meeting for the Arms Trade Treaty (ATT) in New York this week.

These meetings lay the ground work for the final negotiation sessions of the ATT in 2012. SAF’s position is firm – an ATT which in any way affects the constitutional rights of American gun owners is totally unacceptable. Civilian firearms and ammunition must not be within the scope of the United Nation’s Arms Trade Treaty. There is no compromise on this crucial point.

The Second Amendment Foundation has been active for years at the United Nations both its headquarters in New York and Vienna, Austria and elsewhere internationally in response to anti-gun rights initiatives that would restrict our sovereignty. In addition to attending the first two preparatory meetings, SAF was represented at the May meeting of Governmental Experts where marking, tracing and record keeping policies were discussed.

SAF is a Member of the Executive Committee of the World Forum on the Future of Sport Shooting Activities, a recognized Non-Governmental Organization (NGO) at the United Nations. This status allows us to closely monitor the internal UN debate over firearm issues and report back to our members and supporters.

This NGO status has also allowed SAF to take an active role in speaking at the UN, most recently at the Programme of Action to Prevent and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in 2010.

In addition to its UN and World Forum on the Future of Sport Shooting Activities, SAF is a founding member of The International Association for the Protection of Civilian Arms Rights (IAPCAR) which includes scores of national and international organizations, representing tens of millions of firearm and knife owners worldwide.

In March, Alan and Julianne received a commemorative muzzleloading rifle in recognition for their international work protecting the rights of gun owners presented by FISAT (the Italian shooters association), and Chiappa Firearms during the EXA exhibition in Brescia, Italy.

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Quote Of The Day

July 11, 2011 by 1 Comment

With reference to a 2009 video of former Deputy Attorney General David Ogden announcing that DOJ had been ordered by President Obama to increase efforts in the Southwest to interdict the flow of weapons to Mexico, Traction Control had this comment.

“This program is so plain stupid that it smacks of Obama thinking it up himself.”

If not the quote of the year, it is pretty damn close to it.

H/T SayUncle